GT’s Immigration & Compliance litigation team secured a mandamus victory in federal court for a long-pending Petition by an Investor to Remove Conditions on Permanent Resident Status (Form I-829) case. In the recent win, a Mainland-China-born EB-5 investor filed the I-829 with USCIS in April 2020, and as of February 2023, USCIS had failed to
A mandamus action can be an effective way to address a delayed I-829 petition, which is the final step in the EB-5 visa process that removes the conditions on permanent residency. A mandamus action is a legal action that can be taken to compel a government agency to perform a certain duty. In the context
GT’s immigration litigation team recently secured a record mandamus victory in federal court for a delayed I-829 case pending for over four years. Despite numerous requests to United States Citizenship and Immigration Services (USCIS) and the USCIS Ombudsman’s office to provide a substantive case status update on the matter, it took the filing of a
On Jan. 23, 2023, USCIS announced it will issue new Form I-797 receipt notices to newly filed I-829 petitions and eligible conditional permanent residents (CPRs) whose Form I-829 was still pending as of Jan. 11, 2023. The new receipt notices would extend the status of a conditional permanent resident investor and his or her dependents
The Executive Order, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” signed on April 23 by President Trump is narrower in scope than his prior statements promising a shutdown of immigration to the United States. The Executive Order bans the issuance of
The U.S. federal government shut down at the end of the day on Dec. 21, 2018, and the president did not sign into law the extension of the EB-5 program passed by the Senate. Until the shutdown ends, and the Regional Center EB-5 program extension is signed into law, no new I-526 petitions can be
This is the fifth post in a series that discusses how EB-5 investors and their dependents can maintain eligibility for permanent residence and I-829 Petition approval. This blog focuses on accepting certain public benefits that may make an investor and/or his or her dependents a “public charge.”
The Trump Administration has stated that USCIS will
On June 11, 2018, USCIS announced that Petitioners who file Form I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for 18 months past the expiration date on their conditional Permanent Resident Card. Previously, USCIS only issued receipt notices that would be valid for 12 months past the expiration date on the conditional Permanent Resident Card. USCIS made the change from 12 to 18 months to reflect the current processing times for Form I-829, which have increased over the past year.
Continue Reading I-829 Petition Receipt Notices Valid for 18 Months as Proof of Status
Due to a recent system conversion at the United States Citizenship and Immigration Services (USCIS), all I-829 receipt notices and ASC Appointment notices are now delayed 90 days or more. This may be dismaying for many EB-5 investors and their dependent family members who may have waited a long time to reach this final step in the EB-5 process. Since the I-829 petition can only be filed 90 days prior to the expiration of the EB-5 investor’s conditional permanent resident (CPR) status, the 90+ day delay in the issuance of receipt notices on the part of USCIS is at the top of the list of problems plaguing the I-829 process right now. It appears to be especially problematic for those I-829 petitioners and dependents who are located outside of the United States at the time the I-829 petition is filed.
Continue Reading EB-5 Alert – Recent System Conversion at USCIS Results in 90+ Day Delay for I-829 Receipt Notices and ASC Appointment Notices